General probate information. Court orders, local rules, and the facts in the estate file control.
The legal process for proving a will when required and administering probate property after death.
What this topic controls
- Probate identifies authority, addresses claims and expenses, creates a record, and supports lawful distribution.
- Probate does not automatically control assets that pass by trust, survivorship, beneficiary designation, contract, or other nonprobate method.
- Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.
- Venue usually follows domicile, but real estate in another jurisdiction can create an additional filing or transfer step.
Records to organize
- certified death certificates and the original will, if one exists
- a preliminary asset, debt, and contact inventory
Questions to verify
- Which court or local office has venue?
- Is formal administration required for each asset?
Risks to pause on
- Moving or distributing property before authority and claims are checked can expose the person acting to personal risk.